How exactly is a Hong Kong official’s resignation processed?

What are the rules governing a Hong Kong minister’s resignation from his or her post?

A principal official may resign by giving one month’s notice or by paying the government one month’s salary in lieu of such notice. Financial Secretary John Tsang Chun-wah tendered his resignation on December 12 and Thursday marked the 30th day since he did so. He is still waiting for the central government’s approval, which is a prerequisite for launching a campaign to be chief executive.

The government said at the time that Chief Executive Leung Chun-ying had “received the resignation tendered by Tsang” but did not say if Leung had recommended that the move be accepted. Leung did signal that there was a lot of work to be done in government, given that the policy address and budget for this year were coming up this month and the next respectively.

Who handles a minister’s resignation?

A minister must first tender his or her resignation to the chief executive, who then submits it to the central government for approval. The resignation is relayed to the State Council’s Hong and Macau Affairs Office, which is responsible for communications between the Hong Kong and central governments.

The appointment and removal of officials is usually discussed at the weekly executive meetings of the State Council. The premier presides over these meetings. Vice-premiers, state councillors and the secretary general of the council also attend.

The most recent executive meeting was held on Wednesday, but removal of John Tsang as financial secretary was not on the agenda. This means it is unlikely the body will approve his resignation in the next few days.

Is there any rule for the central government to approve a Hong Kong minister’s resignation?

There is no standard rule for the time frame for approving a Hong Kong minister’s resignation, and the length of time has varied from one minister to another. It took Beijing just two days to approve Henry Tang Ying-yen’s resignation in September 2011, and eight days for Donald Tsang Yam-kuen’s in 2005. In 2008, it took about a month for Beijing to approve Frederick Ma Si-hang’s resignation as secretary for commerce and economic development.

But Beijing’s processing of Ma’s resignation might not be comparable to Tsang’s. Ma tendered his notice to then chief executive Donald Tsang Yam-kuen on June 12, 2008, after being diagnosed with a brain condition. A day after receiving Ma’s resignation, Tsang went on leave until June 18. Ma received the central government’s approval on July 11. It remained unclear whether the processing of Ma’s resignation was affected by Tsang’s six-day leave.

Does a minister still hold his post one month after tendering his resignation, even if Beijing has yet to approve it?

Until Beijing gives its formal approval, a minister will remain a public official even if he or she has given one month’s notice to the government for his resignation. But It remains unclear if John Tsang can stay in his official residence in the Peak or keep his car with an AM licence plate.

According to official procedures, a civil servant may terminate his service at any time by giving “a minimum of three calendar months’ notice in writing of his intention to resign”, or by paying to the government one month’s salary, including any allowances paid, in lieu of notice. This applies to all levels of civil servants.

Political appointees are not civil servants and the civil service recruitment and removal mechanisms do not apply to them. John Tsang is entitled to annual leave of 22 days, medical and dental benefits, mandatory provident fund contribution by the government, the use of a car and driver when in Hong Kong at his or her discretion, and an official residence with domestic staff and a non-accountable entertainment allowance.